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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 23COMMODITY PRODUCERS BOARDS
SUBCHAPTER BBEEF PROMOTION AND RESEARCH COUNCIL OF TEXAS
RULE §23.105Collection of Assessments

(a) The assessment shall be collected at commodity process points. Except as provided by subsection (b) of this section, the commodity process point shall collect the assessment by deducting the appropriate amount from the purchase price of the cattle or from any funds advanced for that purpose.

(b) If the producer and commodity process point are the same legal entity, or if the producer retains ownership after processing, the commodity process point shall collect the assessment directly from the producer at the time of processing/sale.

(c) The secretary-treasurer of the Council, by registered or certified mail, shall notify each known commodity process point of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the commodity process point is to begin collecting the assessment.

(d) The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction. The commodity process point shall furnish a copy of the document to the producer.

(e) Unless otherwise provided by the original referendum, no later than the 15th day of each month, the commodity process point shall remit the amount collected during the previous month to the secretary-treasurer of the Council, along with a completed form prescribed by the Council reflecting such amount.

(f) The timeliness of a payment to the Council shall be based on the applicable postmark date or the date actually received by the Council, whichever is earlier.


Source Note: The provisions of this §23.105 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953

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